I am an EU citizen who codes. I have a project, which works this way:

  1. program enters a word into Facebook search
  2. program extracts links to the Facebook pages
  3. program scrapes (gather and save) the contact phone number of the page (session is without authorization: to access numbers you do not need to be logged in)

I will never use this program, I will just code it for the man who set me the project and paid me for it. He is from the USA. Is this legal? Is RODO (Polish GDPR) applicable there?

2 Answers 2


The GDPR does not allow or forbid scraping of personal data. That's processing of personal data just like other processing activities, and requires that the data controller has a suitable legal basis for this processing. It doesn't matter if the personal data was made public, though that might influence a balancing test if the legal basis is a legitimate interest.

In this scenario, the purpose of processing seems to be marketing. I doubt that there will be a suitable legal basis other than (informed, freely given) consent. While marketing can be a legitimate interest of a business, there are further rules in the EU for how that can be done. For example, practices like sending unsolicited emails to scraped addresses or cold calling is quite illegal.

However, it is not clear to me who the data controller is in this scenario. Clearly, your customer is a data controller since they determine the purposes of processing. But I'm not sure there is a meaningful difference between performing a processing activity and just preparing everything that is necessary other than the final step of actually executing the tool. Therefore, you might be a joint data controller as well, though I'm really not sure about this. If you are a data controller, it is extremely unlikely you'd be able to do this in a GDPR-compliant manner.

I should also note that by building this you are likely violating the Facebook terms of use: “You may not access or collect data from our Products using automated means (without our prior permission)”.

  • what do you recommend for me A legal advice from a lawyer, or declining/accepting the project? Apr 1, 2021 at 18:19
  • Addition: Telephone marketing itself may be illegal. Like in Germany unless you specifically allow it to that one company, it is forbidden to happen even to a company.
    – Trish
    Apr 1, 2021 at 18:54
  • @ApocalypseNow Regardless of the legality it's a morally questionable business. I wouldn't take the job, but then again I have stable employment and am not starving. I doubt this kind of project would pay enough for a lawyer to be worth it.
    – amon
    Apr 1, 2021 at 19:16

Just as legal as if you were to access his page and copy+paste his number into a file. Scraping is an automatation of web interaction and usuallly used to get a lot of information from a webpage in a short amount of time. In the U.S., generally the release of personally identifiable information laws only punish the people who release or collects someone else's PII without that person's consent. If I put my phone number out on the internet, I authorized it's release, so the law doesn't punish me for doing so... nor does it protect me from Polish students scraping it off facebook... or worse.

While I admit that grabbing the PII of people for a school assignment is one of moral dubious nature and that there are better and more numerous records available to teach scraping (when I had a similar assignment, we were scraping death certificate information, because there's a lot of those AND technically the dead do not have any rights under the U.S. Constitution... generally any "rights" they have are only for the sake of protecting the rights of living relatives.). I would bring these concerns up with the person who asked you to do it (teacher) and possibly be prepaired to go over his/her head if your not satisfied.

  • I have forgotten to mention, the purpose of the program is to scrap numbers in order to do marketing. Shoould I be concerned or just accept project because I just write it and I am not the one that uses it? Apr 1, 2021 at 15:55
  • @ApocalypseNow Note that the question says that the OP (coder) was paid for the project. The OP was acting as a freelancer, not a student, if that matters. Apr 1, 2021 at 16:01
  • 1
    Yeah. Searching the web I have found a quote For example, a web crawler that logged-in to Facebook and downloaded user data would not be permitted by the ruling. The ruling excludes sites that require authentication because users must agree to the site’s Terms of Service before logging-in to the site. Those terms of service typically forbid activity like automated data collection. Apr 1, 2021 at 16:07
  • So from what I do understand it is legal because I use Facebook API for looking for pages, then scrap numbers that can be accessed without any authorization Apr 1, 2021 at 16:34

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